RI Military Divorce Issues

RI Military Divorce Issues

Many Rhode Islander’s or their significant others are either active duty military or in the Guard or Reserves. As a result, the impact of military service is something every divorce lawyer in Rhode Island needs to understand. Especially in order to best represent a client in court and settlement negotiations. Below, we review various topics you must be aware of in your RI military divorce. Your divorce lawyer needs to truly understand these issues, not just have heard of them.


If a party files a divorce or child custody, possession, or support case in RI family court, the other party must be served with proper notice. This must occur before the court can take long term action. “Getting served” can be much more complex when the party being served is in the military and out of Rhode Island.

Soldiers and Sailors Act

For active duty service members, even with proper service, the divorce or custody action may not be able to go forward. The “Soldiers and Sailors Act” tries to prevent undue disadvantage on military members when they are unable to participate in litigation due to military obligations.


For military situations, a party often lives a great distance away. Or they are deployed or reassigned far away. Child visitation can be very difficult to arrange in these circumstances. Interstate issues in family law can arise, and a parenting plan becomes all the more valuable.


Did you know that each branch of the military – Army, Navy, Air Force, Marines, and Coast Guard, have their own methods for determining support? These rules determine how much of a service member’s pay must be turned over to a spouse or child. However, this occurs in the event there is no state order to the contrary. You need a law firm that understands these issues.


Pension division issues are complex enough. But when a spouse is in the military, the task of dividing pensions get significantly more complex. Read the details of things to consider when dividing a military pension/benefits in RI divorces.

Health Insurance

Rhode Island law dealing with a spouse or child’s continued health or dental insurance can often be at odds with how the military will deal with those same issues. Factors such as length of marriage may allow a spouse to remain covered even after a divorce.

Solutions for Military Divorce in Rhode Island

Overall, military issues can have a significant impact on your case. Ensure your divorce or custody lawyer has the knowledge and experience to confidently handle your Rhode Island divorce. Call Attorney Don Moyer at (401) 305-2934 to set up your consultation. We’ve got the knowledge and experience you’re looking for.


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